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Civil Law

2020

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Articles 1 - 30 of 144

Full-Text Articles in Law

Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang Dec 2020

Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang

Brooklyn Law Review

After the Cuban Revolution, the Castro government nationalized the property of many American nationals, which served as a justification for the Kennedy administration’s decision to institute a general economic embargo on Cuba. This embargo was officially codified in the late 1990s in the Cuban Liberty and Democratic Solidarity (Libertad) Act, enacted by President Bill Clinton. Title III of this Act was suspended since its enactment. By creating a private cause of action for American nationals to sue “traffickers” of their improperly nationalized Cuban property, Title III aims to deter foreign investment into Cuba and compensate American citizens whose Cuban property …


Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani Dec 2020

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.


Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez Dec 2020

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal Dec 2020

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.


Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston Dec 2020

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.


It’S 1919 Somewhere: What Tennessee Wine & Spirits Retailers Association V. Thomas Means For The National Hangover Of The Twenty-First Amendment, The Dormant Commerce Clause, And Federal Legalization Of Intoxicating Substances., Evan W. Saunders Dec 2020

It’S 1919 Somewhere: What Tennessee Wine & Spirits Retailers Association V. Thomas Means For The National Hangover Of The Twenty-First Amendment, The Dormant Commerce Clause, And Federal Legalization Of Intoxicating Substances., Evan W. Saunders

Brooklyn Law Review

The United States has a drinking problem; or rather, an alcohol problem. In the aftermath of Prohibition and the passage of the Twenty-First Amendment, the Supreme Court has struggled to settle upon an overarching regulatory system for alcohol that is amenable to both the federal government and the states. Most recently, in Tennessee Wine and Spirits Retailers Association v. Thomas, the Court further asserted that alcohol should be treated just like any other good under the Dormant Commerce Clause. This note examines the Court’s Twenty-First Amendment jurisprudence leading up to Tennessee Wine, and suggests an alternate interpretation of the amendment …


Functional Statehood In Contemporary International Law, William Thomas Worster Dec 2020

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …


Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar Dec 2020

Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar

Brooklyn Journal of International Law

The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …


Toward A More Democratic America, Thomas Kleven Dec 2020

Toward A More Democratic America, Thomas Kleven

Seattle Journal for Social Justice

No abstract provided.


Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke Dec 2020

Harry Dondorp, David Ibbetson, And Eltjo J. H. Schrage (Eds.), Limitation And Prescription: A Comparative Legal History, Benjamin West Janke

Journal of Civil Law Studies

No abstract provided.


Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek Dec 2020

Cyber-Insecurity: The Reasonableness Standard In Internet Of Things Device Regulation And Why Technical Standards Are Better Equipped To Combat Cybercrime, Chynna Rose Foucek

Brooklyn Journal of Corporate, Financial & Commercial Law

While the Internet of Things (IoT) has created an interconnected world via phones, laptops, and even household devices, it is not infallible. As cyber-attacks increase in frequency, affecting companies of all sizes and industries, IoT device manufacturers have become particularly vulnerable, due in large part to the fact that many companies fail to implement adequate cybersecurity protocols. Mass data breaches occur often. However, these companies are not held accountable due to the use of the reasonableness standard in existing cybersecurity legislation, which is flexible and malleable. In 2019, the California Legislature enacted a cybersecurity law specific to IoT device manufacturers. …


Boothe V. Dotd, Jacque P. Biggs Dec 2020

Boothe V. Dotd, Jacque P. Biggs

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead & Contents Dec 2020

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo Dec 2020

The Birth Mother’S Assent To Adoption And The Limitation Of Autonomy Of Women’S Will In Spanish Law: A Proposal De Lege Ferenda, María Victoria Mayor Del Hoyo

Journal of Civil Law Studies

Even though in Spanish law the act establishing the adoption is judicial in nature, declarations of will have special relevance in the process, since they are a necessary precondition for the adoption. This work focuses on the assent of the biological mother, who is affected by and has an interest in the adoption process, even if not a party to it herself. In this work, the foundation, configuration, and characteristics of this assent are studied, as well as the form of her declaration of will, and the ability of the mother to offer it. Special attention is paid to the …


Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley Dec 2020

Jan Jakob Bornheim, Property Rights And Bijuralism, James Gordley

Journal of Civil Law Studies

No abstract provided.


Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal Dec 2020

Introduction To Robert A. Pascal’S Memorandum: The Code As A Textbook And A Rule Book, Olivier Moréteau, Robert A. Pascal

Journal of Civil Law Studies

No abstract provided.


Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco Dec 2020

Interpreting The Conditions For Imprévision: The Goals Of The Reform Projects As A Decisive Tool For French And Belgian Courts, Luigi Montefusco

Journal of Civil Law Studies

The codification of the doctrine of imprévision in France and its codification attempt in Belgium is a significant turning point given the historical resistance in both countries towards it. Nevertheless, the fact that the French and Belgian civil codes had remained silent on the issue for more than 200 years poses problems of interpretation, in particular, with the regard to requirements to be met in or-der to trigger imprévision as set forth by new Article 1195 of the French Civil Code and Draft Article 5.77 of Belgian legislative pro-posal No. 3709/1 of April 3, 2019. In the absence of a …


Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta Dec 2020

Bilingual English-Spanish Louisiana Civil Code, Book I, Titles Iv-X, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.


Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta Dec 2020

Trilingual Louisiana Civil Code, Book Iv: Conflict Of Laws In English, French, And Spanish, Olivier Moréteau, Mariano Vitetta

Journal of Civil Law Studies

No abstract provided.


Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise Dec 2020

Public And Private Intermingled: Changes In The Family And Property Laws Of Argentina, Julieta Marotta, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Leger V. Leger, Jessica Brewer Dec 2020

Leger V. Leger, Jessica Brewer

Journal of Civil Law Studies

No abstract provided.


Complete V.13 No.2 Dec 2020

Complete V.13 No.2

Journal of Civil Law Studies

No abstract provided.


The Political Face Of Antitrust, Spencer Weber Waller, Jacob E. Morse Dec 2020

The Political Face Of Antitrust, Spencer Weber Waller, Jacob E. Morse

Brooklyn Journal of Corporate, Financial & Commercial Law

The last twenty years have brought antitrust back to the fore as a political issue of greater salience. Several booms and busts in the economy have highlighted the issue of corporate power in the economy and the political system. The growing influence and aggressiveness of the European Union and other jurisdictions’ competition laws have highlighted the relative retreat in the United States. Political movements in the United States have brought issues of corporate power and its abuse back into the public limelight and with them a greater political salience for antitrust in the election cycle of 2020.


The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff Dec 2020

The Revolution Of The Commercial Space Industry: Why Current Laws Must Be Replaced Before American Business Expands To The Moon And Beyond, Drew M. Fryhoff

Brooklyn Journal of Corporate, Financial & Commercial Law

Space, the final frontier. Resting at the rim of the Earth, an endless void full of opportunity awaits those who are willing to take a leap of faith. Historically, only national space programs have been capable of orchestrating expeditions to outer space. However, American aerospace companies now rival governmental entities in their abilities to operate beyond the Earth’s atmosphere. State-of-the-art developments in aerospace technology have positioned the American commercial space sector to become more productive than national space programs in the years to come. Unfortunately, the potential of the American commercial space sector is severely hindered under the Treaty on …


Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano Dec 2020

Alternative Data And Insider Trading: Are Investment Managers Assleep At The Wheel On Big Data Use?, William Montemarano

Brooklyn Journal of Corporate, Financial & Commercial Law

The rapid rise of “big data” has transformed the way that professional investors make investment decisions. In addition, the intersection of the United States federal securities laws and the use of “big data” to inform securities trading lies in uncharted waters. The nuanced and factually-dependent securities laws are far behind industry practices, and the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have remained largely silent on the issue to date. This Note argues that this combination of murky laws and rapidly evolving business practices gives rise to legal and regulatory risk, and that investment managers leveraging …


The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr. Dec 2020

The Modern Pay For Play Model: Laws That Protect Student-Athletes' Fundamental Right To Commercialze Their Names, Images, And Likeness, Paul A. Schwabe Jr.

Brooklyn Journal of Corporate, Financial & Commercial Law

In O’Bannon v. NCAA, the United States District Court for the Northern District of California entered a permanent injunction against the National Collegiate Athletic Association enjoining the collegiate sports governing body from enforcing limits on student-athlete compensation derived from the use of their name, images, and likenesses rights. The court concluded that NCAA rules unreasonably restrained trade in violation of the Sherman Anti-Trust Act, however, neither the court nor the NCAA laid out a framework for lawfully implementing these new economic rights to student-athletes. Since that ruling, only one state’s legislature, California, has attempted to pass legislation to prevent the …


Final Report: Internship At Hull And Hull Llp, Samantha Henderson-Whaley Dec 2020

Final Report: Internship At Hull And Hull Llp, Samantha Henderson-Whaley

SASAH 4th Year Capstone and Other Projects: Publications

Over the summer of 2020 I completed a remote internship at Hull & Hull LLP, an estates law firm in Toronto, for the SASAH experiential learning course. Hull & Hull handles estates and trusts litigation. I worked on digitizing charts for a passing of accounts (which is a court audit of a fiduciary’s accounting) for which there have been a considerable number of objections that we had to either refute or attempt to resolve, or there would be a trial. I was responsible for linking evidentiary material to the existing charts in order to ensure that the information was presentable …


Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden Dec 2020

Law School News: Two Rwu Law Alumni Included Among Historic Judicial Nominations 12-08-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey Dec 2020

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.


Survivor: An Analysis Of The Term From India, Pravin Patkar Dec 2020

Survivor: An Analysis Of The Term From India, Pravin Patkar

Dignity: A Journal of Analysis of Exploitation and Violence

This article discusses the need for greater conceptual clarity of the term survivor. It raises questions about the propriety of the term to refer to the victims of sex trafficking. It points out that in the Indian context, the term victim is legally and operationally defined. It cautions against the hasty incorporation of the term survivor into public policies addressing the trafficked victims' problems. Different social platforms use the term survivor differently, and the difference is not nominal. The use of the term survivor is both casual as well as intentional. The term survivor trivializes the exploitation and makes invisible …